24 July, 2025 – Centre on Knowledge Governance

Balanced Copyright Protection in the UK-India CETA

Jonathan Band / 24 July, 2025

The full text of the Intellectual Property Chapter of the United Kingdom-India Comprehensive Economic and Trade Agreement, signed on July 24, 2025, is now available for review. Overall, it is much more favorable to balanced copyright protection and user rights than previously released drafts and summaries. The provision for copyright exceptions is the same limited language that first appeared in the UK’s proposed text for the IP chapter leaked in 2022. Article 13.68 Limitations and Exceptions 1. A Party may provide limitations or exceptions in its law to the rights provided for in this Section, but shall confine those limitations or exceptions to certain special cases that do not conflict with a normal exploitation of covered subject matter, and do not unreasonably prejudice the legitimate interests of the right holder. 2. This Article is without prejudice to the scope of applicability of the limitations and exceptions to any rights permitted by the TRIPS Agreement and WIPO administered treaties to which a Party is party. However, the Chapter contains other important language that promotes balance. Thus, Article 13.2(a), setting forth the Objectives of the Chapter, states: the objectives of this Chapter are … that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations…. (Emphasis supplied.) The Chapter then sets forth Principles the Parties may follow in formulating amending their laws. First, the Article 13.3(1) provides that a Party may adopt measures necessary “to promote the public interest in sectors of vital importance to its socio-economic and technological development….” Presumably these sectors would include cultural heritage, research, and education. Second, Article 13.3(2) incorporates language similar to TRIPs Article 40 that appropriate measures may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology. Next, Article 13.4 recites a list of Understandings in respect of the Chapter: [T]he Parties recognise the need to: (a) promote innovation and creativity; (b) facilitate the diffusion of information, knowledge, technology, content, culture and the arts; (c) foster competition and open and efficient markets; (d) maintain an appropriate balance between the rights of intellectual property right holders and the legitimate interests of users and the public interest; (e) establish and maintain transparent intellectual property systems; and (f) promote and maintain adequate and effective protection and enforcement of intellectual property rights to provide confidence to right holders and users, through their respective intellectual property systems, while respecting the principles of transparency and due process, and taking into account the interests of relevant stakeholders, including right holders, service providers, users, and the general public. (Emphasis supplied.) The parties reached these Understandings “having regard to the underlying public policy objectives of their national systems, while recognizing the different levels of economic development and capacity and differences in national legal systems….” As noted above, the Agreement does not contain detailed obligations concerning copyright exceptions. Nonetheless, Article 13.71 requiring each Party to provide adequate legal protection against unauthorized circumvention of effective technological measures does permit the Parties to take appropriate measures to ensure that beneficiaries may enjoy exceptions and limitations provided for them. Similarly, Article 13.103 requires each Party to maintain a system to limit the liability of Online Service Providers for infringements of copyright committed by users of their services. Moreover, the language concerning Objectives, Principles, and Understandings provide both the UK and India with sufficient flexibility to adopt robust exceptions that effectively balance the interests of all stakeholders.

Blog, WIPO-SCCR

Excerpts from Delegation Statements on the SCCR at the 2025 General Assembly

Sean Flynn, Luca Schirru and Talia Deady / 24 July, 2025

In a previous blog post, we analyzed the statements of regional groups and delegations during the 2025 WIPO General Assembly review of the Standing Committee on Copyright and Related Rights (SCCR). Here we share fuller excerpts of those statements, which may be useful to researchers and others closely following the Committee’s work. Pakistan – APG “We reaffirm our support for the conclusion of a fair and inclusive broadcasting treaty. The group recognizes the need to narrow gaps and build consensus in line with the mandate of the Committee. We urge continued constructive engagement by all Delegations during upcoming SCCR sessions without prejudging whether the Committee is in a position to recommend the convening of a Diplomatic Conference. The group reiterates its longstanding support for meaningful work on limitations and exceptions, particularly for libraries, archives, museums, educational and research institutions and persons with other disabilities. Ensuring the preservation of an access to knowledge remains a key priority for this group. The APG is of the view that the limitations and exceptions agenda is essential to enabling inclusive access to knowledge, education and culture, especially in developing countries. We welcome the consensus within the Committee to continue discussions on this important item and support endeavors to advance the implementation of the work program. We reiterate the increasing relevance of discussions on copyright in the digital environment, especially the evolving implications of generative artificial intelligence on copyright. The group supports the continuation of information sessions and discussions in this regard. The APG also notes the interest expressed to discuss other topics at SCCR. While we remain open to dialogue, there is a need to ensure that the Committee’s workload is balanced and aligned with the needs of all Member States.” Japan – Group B “Group B would like to emphasize the importance of working towards progress in the discussions on the draft Treaty on the protection of broadcasting organizations with a view to addressing the legal use of program carrying signals. In order to achieve a meaningful agreement within this Committee, sufficient time should continue to be allocated to this standing agenda item. For the Agenda Item limitations and exceptions, it would be reiterated that the work under this Committee should follow the scope and parameters as identified in the work program adopted at SCCR 43. We are committed to engaging in further constructive discussions on this issue. Finally, Group B welcomes the informative exchanges held during the information session on generative AI as it relates to copyright. Given the rapidly evolving AI technology landscape, we consider balanced discussions among Member States and stakeholders covering both opportunities and challenges to be highly valuable. Accordingly, we look forward to the follow-up session at SCCR 47.” China “This Delegation supports the SCCR in continuing discussing protection of broadcasting organizations, limitations and exceptions, and as well as other agenda items. [We support] reaching an agreement on substantive issues in terms of protection of broadcasting organizations to lay a foundation for the convening of a Diplomatic Conference. Relevant study should be carried out in depth to promote discussions on exceptions and limitations. On other agenda items, in particular Copyright in the digital environment including generative AI in relation to copyright, this Delegation will enhance communication with WIPO and other related parties.” Estonia – CEBS “We would like to reiterate our firm commitment to advancing towards the conclusion of a meaningful Treaty for the Protection of Broadcasting organizations. We support a Treaty that adequately reflects the technological realities of the 21st century and ensures appropriate and effective protection against signal piracy. The CEBS group has long supported the convening of a Diplomatic Conference and considers that we are now approaching a point of readiness for final negotiations. We remain committed to a future-oriented Treaty that meets the current needs of broadcasting organizations and accommodates the challenges posed by the digital environment and rapid technological developments. The CEBS group looks forward to considering the Chair’s revised text at the upcoming SCCR session. We hope this will pave the way for a robust and balanced legal instrument that also provides equal protection for transmissions over computer networks and supports the global fight against signal piracy. With regard to the Committee’s work on limitations and exceptions, the CEBS group continues to recognize the vital role played by libraries, archives and museums in the dissemination of knowledge, information and culture as well as in the preservation of our shared history. We also attach high importance to the work of educational and research institutions and to ensuring access to copyright protected works for persons with disabilities. As we have consistently stated, our group does not support pursuing an internationally legally binding instrument in this area. Instead we are open to exploring possible nonbinding instruments and best practice tools that can help Member States implement effective and context sensitive exceptions and limitations at the national level. We look forward to reviewing the document to be prepared by the Chair and Vice Chair and to continuing our constructive engagement in the discussions at the upcoming SCCR session. The CEBS group welcomes the continued exchange of information on the intersection of copyright and artificial intelligence. We appreciated the information session on generative AI held at the last session which provided valuable insights into the challenges and opportunities that AI poses to the copyright system. We are pleased that the follow-up information session will take place at SCCR 47. With regard to other matters on the Committee’s agenda, the CEBS group would like to reiterate its view that should the SCCR agenda be expanded to include additional items in the future, the authors’ resale right would be a valuable and relevant topic to be considered as a standing item. We are also carefully analyzing the proposals put forward under the agenda item copyright in the digital environment and remain committed to engaging constructively in these discussions.” Ecuador – GRULAC “GRULAC reiterates the importance of the work of this Committee regarding work in trying to reach a

Blog, WIPO GA, WIPO-SCCR

WIPO General Assembly Meeting on SCCR Expresses Consensus for Progress on Broadcast and L&E Instruments

Sean Flynn, Luca Schirru and Talia Deady / 24 July, 2025

Sean Flynn, Luca Schirru, Talia Deady The World Intellectual Property Organization (WIPO) held its General Assembly (GA) this week, including a review of the progress and recommendations of the Standing Committee on Copyright and Related Rights (SCCR). The GA affirmed its mandates to the Committee to continue working on instruments on the protection of broadcasting organizations and limitations and exceptions (L&Es) for libraries, archives, museums, education and research institutions, and for people with disabilities other than visual impairments. Analysis of the statements of regional groups and delegations shows that there is a growing consensus for conclusion of the Broadcasting Treaty under a narrowed form and for pairing it with progress toward at least an instrument on L&Es. This article summarises and analyses the statements of delegations on the SCCR’s work. A companion article provides fuller excerpts of the statements quoted here. Context The GA is the apex decision-making body of WIPO. Among other work, at each meeting, the Assembly reviews and affirms or alters its mandates to Standing Committees on the ongoing work. The SCCR is operating under two sets of mandates from the General Assembly. Decisions from 2006 and 2007 instruct the Committee to seek “agreement on objectives, specific scope and object of protection” on a basic text of a treaty for the protection of broadcast organizations (WO/GA/34/16, 2007) “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, 2006). A decision from 2012 instructs the Committee to work toward an “appropriate international legal instrument or instruments (whether model law, joint recommendation, treaty and/or other forms)” on uses by libraries, archives, museums, educational and research institutions, and persons with other disabilities (WO/GA/41/14). In SCCR 43, the Committee adopted a Work Program on Limitations and Exceptions (SCCR/43/8), including a process to draft “objectives, principles, and options” for instruments. SCCR agendas regularly include work on a number of other agenda items, most of which have been approved in some form by GAs for SCCR discussions, but only Broadcasting and L&Es are subject to GA mandates for the drafting of international instruments. Broadcasting Organizations Consensus for Concluding a Treaty There continues to be a consensus within the SCCR in favor of concluding the Broadcast Treaty, with many calling for more speed in reaching a conclusion. The groups and countries that spoke in favor of concluding a Broadcasting Treaty included the Asia Pacific Group (APG), Group B, Central European and Baltic States (CEBS), Group of Latin American and Caribbean Countries (GRULAC), African Group (AG), China, European Union (EU), Colombia, Iran, Russian Federation, Mexico, United States, Japan, India, Malawi, Kenya, Saudi Arabia, Algeria, Cameroon, Botswana, France, Kazakhstan, South Africa, Algeria, and Samoa. Several statements called for speeding progress toward the Treaty’s conclusion. France called for “the Committee to speed up in a constructive manner the work on the draft Treaty.” The Russian Federation called for the Committee “to step up work on the draft WIPO Treaty.” The African Group, Cameroon, Botswana, Kenya, and South Africa expressed concern on the slow progress of work of the SCCR on both broadcasting and L&Es. Several speakers explicitly endorsed a Diplomatic Conference in the near term. These included both CEBS and the EU, which each mentioned their long-term support for convening of a Diplomatic Conference. China expressed a desire to reach “an agreement on substantive issues … to lay a foundation for the convening of a Diplomatic Conference.” Saudi Arabia specifically supported “holding two sessions in 2025 regarding protecting broadcasting organizations because this will bridge gaps among Member States and will pave the way in order to hold a Diplomatic Conference on this matter.” The Asia Pacific Group, however, urged “continued constructive engagement … without prejudging whether the Committee is in a position to recommend the convening of a Diplomatic Conference.” Debate Over the Internet Provisions The main sticking point on the Treaty has long involved the provisions that extend to Internet streaming. The countries of the EU and CEBS, which support the Internet provisions, have supported convening a diplomatic conference on the current draft text. The EU expressed its support for a “worthwhile” Treaty “which responds to the technological realities of the 21st century.” Similarly, the CEBS group expressed support for a Treaty that “reflects the technological realities of the 21st century,” is “future-oriented,” “accommodates the challenges posed by the digital environment,” and “provides equal protection for transmissions over computer networks.” Many of the groups and countries signaled their opposition to the Internet provisions by calling for closer adherence to the 2006 and 2007 GA decisions. The US was most explicit in its objections. It stated that the current draft text “exceeds the General Assembly mandate with its inclusion of articles that provide a new right of fixation and that protect signals used in making available to the public stored programs.” It called instead for the Treaty to be “limited to providing traditional broadcasting organizations with a single exclusive right to authorize simultaneous retransmissions to the public of their linear broadcast signals.” Referring to the terms of the 2007 GA’s prerequisites for the recommendation of a diplomatic conference, the US argued that there continue to be “significant questions and concerns … regarding the proposed instrument’s objectives, rights to be granted, and scope of protection.” Accordingly, it called for “much more work” on “these fundamental issues” to make the draft text “acceptable to all Member States.” Japan echoed the statement of the US in observing “different views among Member States on the fundamental issues” and opined that “a flexible approach is needed allowing each Member State to join the treaty while taking into account international and regional circumstances.” The Asia Pacific Group, represented by Pakistan, recognized “the need to narrow gaps and build consensus in line with the mandate of the Committee.” Iran called for “moving the Committee closer to fulfilling the 2007 General Assembly mandate … limited to the traditional broadcasting organizations and based on a signal-based approach.” Mexico similarly called for an approach “focusing on